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Full-Text Articles in Human Rights Law
The Criticism Of Eurocentrism And International Law: Countering And Pluralizing The Research, Teaching, And Practice Of Eurocentric International Law, Makane Moïse Mbengue, Olabisi D. Akinkugbe
The Criticism Of Eurocentrism And International Law: Countering And Pluralizing The Research, Teaching, And Practice Of Eurocentric International Law, Makane Moïse Mbengue, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
This Chapter draws on Third World Approaches to International Law (TWAIL) in examining the question: how does the research and teaching of international law in the Global South challenge Eurocentrism in international law. The Chapter focuses on the emergent activities within Global South that pluralize Eurocentric international law’s dominance in the research production, teaching, and practice arenas. The Chapter pushes against the unfair over-representation of European countries in the scholarly production and institutions of international law. To illustrate the often-underexplored regional diversity of international law outside Europe, the Chapter reflects on the contemporary roles of critical Global South scholars and …
Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie
Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie
Articles, Book Chapters, & Popular Press
There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to …
Book Review: The Right To A Fair Trial In International Law, Robert Currie
Book Review: The Right To A Fair Trial In International Law, Robert Currie
Articles, Book Chapters, & Popular Press
No abstract provided.
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Communications Disruption And Censorship Under International Law: History Lessons, Jonathon Penney
Articles, Book Chapters, & Popular Press
With Internet censorship on the rise around the world, a variety of tools have proliferated to assist Internet users to circumvent such censorship. However, there are few studies examining the implications of censorship circumvention under international law, and its related politics. This paper aims to help fill some of that void, with an examination of case studies wherein global communications technologies have been disrupted or censored — telegram cable cutting and censorship, high frequency radio jamming, and direct broadcast satellite blocking — and how the world community responded to that disruption or censorship through international law and law making. In …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …